0894045 B.C. Ltd. v 1294778 B.C. Ltd.
0894045 B.C. Ltd.
Law Firm / Organization
Hamilton Duncan Law Corporation
Lawyer(s)

Steven Shergill

1294778 B.C. Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

J. Singh

Gurdev Singh Sandhu
Law Firm / Organization
Not Specified
Lawyer(s)

J. Singh

1412023 B.C. Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

J. Singh

Balpreet Singh Sangha
Law Firm / Organization
Hamilton Duncan Law Corporation
Lawyer(s)

Steven Shergill

Case Overview:
In this case, the Supreme Court of British Columbia addressed a dispute arising from a failed joint venture for property development. The plaintiff, 0894045 B.C. Ltd. (led by Balpreet Singh Sangha), alleged misrepresentations and breaches by the defendants, 1294778 B.C. Ltd. (led by Gurdev Singh Sandhu) and 1412023 B.C. Ltd., a nominee company.

Key Legal Issues:

  • Misrepresentation and Breach of Agreements: The plaintiff claimed the defendants made fraudulent or negligent misrepresentations about construction costs and project participants, leading to an unfavorable joint venture agreement.
  • Breach of Fiduciary Duty and Trust: The plaintiff alleged breaches of fiduciary duty, trust violations, and wrongful transfer of funds to shield assets from creditors.
  • Certificate of Pending Litigation (CPL): The defendants sought the discharge of the CPL registered against the property, arguing it lacked legal grounds and caused hardship.

Court’s Analysis and Decision:
The court concluded that the plaintiff’s pleadings established a sufficient basis for claiming an interest in the land through a constructive trust. It found a direct link between the alleged misrepresentations, the forfeited funds, and the property. The court dismissed the application to discharge the CPL, stating the defendants’ evidence of hardship was insufficient.

Costs and Awards
The document did not specify a total monetary award or costs in favor of the successful party. The judgment primarily focused on maintaining the CPL and did not resolve the broader financial disputes.

Supreme Court of British Columbia
S253232
Corporate & commercial law
Plaintiff